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    aswain's Avatar
    aswain Posts: 1, Reputation: 1
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    #1

    Jun 23, 2008, 05:42 PM
    Tenant who is unable to move into apartment due to other tenant's refusal to leave
    I live in Wisconsin and I'm supposed to be renting an apartment but the previous tenants won't move out. The landlord gave us free rent at another unit for the month but that unit is 2 miles from where I go to school and is not a place I would agree to live in for the year. If the tenants don't get out of the apartment by the end of the month do I have the right to end the lease? Also, if I do get into the apartment I'm supposed to be in do I have the right to go after the tenants (or the landlord) for the cost of moving a second time?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 23, 2008, 05:52 PM
    Yes you can sue for all damages
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 25, 2008, 07:51 AM
    Quote Originally Posted by aswain
    If the tenants don't get out of the apartment by the end of the month do I have the right to end the lease?
    Hello a:

    Are you living in the place you bargained for?? No?? Then YOUR landlord already BROKE the lease, so you don't have one, really.

    I'd write him a letter. Tell him that if the apartment you agreed to isn't available by the 1st, you will seek other lodging. You'll also tell him in the letter than if the place IS available you expect him to give you free rent until the cost of your move has been taken care of.

    In my view, the place you rented WON'T become available, and that's really GOOD for you. Clearly, this landlord ISN'T a very good business person, and you DON'T want a landlord who isn't.

    excon
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
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    #4

    Jun 26, 2008, 07:27 AM
    Yes, you can get out of the lease. But you are living rent free and want to start paying rent because 2 miles is too far? I would stay as long as I could, but math has always been one of my strong points. Cab fare cannot be more than the free rent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 26, 2008, 07:30 AM
    Do you know why they refuse to vacate? Do you know if the landlord has started eviction proceedings? If so, do you know what the progress is on that?

    As noted, the landlord is in violation of the lease, so you have the right to terminate it. You could sue the landlord and the tenants for your additional costs.
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